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Sections of Telecom Bill inconsistent with Constitution- SC

Published

1 year ago

2024/06/19

The Supreme Court has determined that some sections of the Telecommunications Amendment Bill are inconsistent with the Constitution.

The Determination of the Court as to the constitutionality of the Bill, titled “Sri Lanka Telecommunications (Amendment) Bill,” is as follows:

1) Proposed Section 9A (2) [Clause 8] states that the TRC may give the provider or operator who is the subject of such investigation, an opportunity to be heard and produce documents before making a determination and thereafter make an appropriate order. The use of the word “may” might be construed to mean that it is not compulsory for the rules of natural justice to be followed which makes it inconsistent with Article 12 (1) of the Constitution. The inconsistency will cease if the word “may” be replaced with the word “shall”.

2) Clause 9 of the Bill is inconsistent with Article 12 (l) of the Constitution and can only be passed with the special majority required under paragraph (2) of Article 84.

The learned ASG submitted that the following amendment will be moved at the Committee Stage:

Page 8, Clause 9: delete line l0 to II and substitute the following:- “frequency spectrum into number of bands based on International Telecommunication Union policies and guidelines or international best practices, in the best interest of the efficient management of the frequency spectrum and specify the service or”;

We are of the view that the inconsistency with Article 72 (7) will cease if Clause 9 is amended as suggested.

3) The learned ASG submitted that a further amendment is proposed to Clause 9 as follows:

Page 8, Clause 9: insert the following immediately after line l7:- “(d) vary the service or services or purpose for which such radio frequency has been assigned, from time to time.”

The proposed amendment is inconsistent with Article 727lL) read with Articles 3 and 4 of the Constitution and can only be passed with the special majority required under paragraph (2) of Article 84 and approved by the People at a Referendum by virtue of Article 83.

4) Clause 12 [proposed Section 17(10)] of the Bill is inconsistent with Article 72(t) of the Constitution and can only be passed with the special majority required under paragraph (2) of Article 84.

The inconsistency will cease if: (i) the word “facility” in Clause 12, page L3 line 14 is replaced with the word “infrastructure”; (ii) line 17 on page 13 is deleted and substitute the following: “specified by regulations made under this Act.”

5) Clause 13 [proposed Section 17A. (1)] is vague and overly broad and therefore inconsistent with Article L2 (7) of the Constitution and can only be passed with the special majority required under paragraph (2) of Article 84. The inconsistency will cease if Section 77A. (1.) in Clause 13 is amended by deleting the words “and on any contravention of the provisions of this Act or any regulation or rule made thereunder”

6) Clause 13 [proposed Section 178] is vague and confer unfettered power on the TRC to revoke a licence and is inconsistent with Article 72 (7) of the Constitution and can only be passed with the special majority required under paragraph (2) of Article 84.

The inconsistency will cease if: (a) proposed Section 178 (4) (b) is deleted; and (b) proposed Section 178(6) is amended by deleting the words “on the breach of any terms and conditions of the licence or”; (c) proposed Section 17 (8Xd) is deleted.

7) Clause 18 (5) [proposed sections 22 (3A) and 22 (38)] are vague and is inconsistent with the fundamental rights guaranteed by Article L4 (L)(a), La (1Xg) and 72 (7) and can only be passed with the special majority required under paragraph (2) of Article 84.

The inconsistency will cease if Clause 18(5) is amended as follows: Page 24. Clause I 8 : (l) delete lines I to 22 (both inclusive) and substitute the following:- “(3A) In the overall planning and management of radio frequency spectrum, the Commission shall have power to- (a) direct any person to whom a licence has been issued under subsection (l) to comply with and to implement new technologies for the efficient use of radio frequency spectrum in the public interest; and (b) vary any radio frequency after giving written notice to the relevant person prior to a reasonable period of such variation and giving reasons therefor.

(3B) Any person who is aggrieved by the variation of the radio frequency referred to in paragraph (b) of subsection (3A) may appeal to the Commission within three weeks from the receipt of such notice referred to in that paragraph.

(3C) The Commission shall, after giving such aggrieved person a fair hearing on any objection to such variation communicate its decision to the person who made an appeal to the Commission within three weeks from the date of receipt of such appeal.

(3D) The Commission may consider payment of any compensation to the relevant person whose radio frequency has been varied under paragraph (b) of subsection (3A).”; and (2) insert the following immediately after line 22:- “(6) by the insertion immediately after subsection (4) thereof, of the following new subsection:- “(4A) Any person who is aggrieved by the decision referred to in subsection (3C) of ‘ this section may appeal to the Court of Appeal within one months from the date of communication of the decision of the Commission,

(4B) The Court of Appeal may grant any interim relief to such aggrieved person pending the final determination of the appeal.”

8) Clause 78(7) of the Bill [proposed Section 22(7)) is inconsistent with Articles 12 (1) and 14 (1Xa) of the Constitution. The inconsistency will cease if proposed Section 22 (71 is amended so that the competition-based methodology in assigning radio frequencies is promulgated by regulations made under the SLT Act with Parliamentary oversight.

9) Clause 20 [proposed Section 22ADl is irrational and inconsistent with Article 12(1) and can only be passed with the special majority required under paragraph (2) of Article 84.

10) The learned ASG informed that a Committee Stage Amendment will be moved to amend proposed Section 22AC (2) whereby an offence is created by such Committee Stage Amendment. The Proposed Committee Stage Amendment to Clause 20 introducing Section 22AC (2) is inconsistent with Article 121 (1) read with Articles 3 and 4 of the Constitution for the reasons adumbrated above and earlier under “Committee Stage Amendments” and can only be passed with the special majority required under paragraph (2) of Article 84 and approved by the People at a Referendum by virtue of Article 83.

11) ln view of our determinations set out in 9 and 10 above, proposed Section 22AD becomes redundant.

12) Clause 33 of the Bill [proposed Section 59A] is vague and is inconsistent with Article L2(1) of the Constitution and could be validly passed only with the special majority provided for in Article 8aQ) of the Constitution.

The inconsistency will cease if proposed Section 59A is deleted. 1,1. 12. Page 64 of 65 1″3.

13) Clause 35 of the Bill (proposed Section 68(14)(b)and Section 68(14)(c)] is vague and overbroad and inconsistent with Article 12(1) of the Constitution and can only be passed with the special majority required under paragraph (2) of Article 84.

This inconsistency will cease if Clause 35 is amended by deleting the proposed Section 68(1A)(b) and Section 68(1A)(c).

14) Subject to above, none of the other provisions in the Bill are inconsistent with any provision in the Constitution. Other than the Committee Stage Amendments which are specifically referred to in this Determination, we have not considered the constitutionality of any other Committee Stage Amendment.

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Landslide early warnings in force in the Districts of Badulla, Kandy, Kegalle, Kurunegala, Matale, Nuwara Eliya and Ratnapura

Published

3 hours ago

2025/12/14

Priyan

The Landslide Early Warning Center of the National Building Research Organisation [NBRO] has issued landslide early warnings to the Districts of Badulla, Kandy, Kegalle, Kurunegala, Matale, Nuwara Eliya and Ratnapura valid until 1600hrs on 14th December 2025.

Accordingly,
LEVEL III RED warnings are in force in the Divisional Secretaries Divisions and surrounding areas of Ududumbara, Medadumbara, Ganga Ihala Korale, Pathadumbara, Panvila, Udapalatha, Doluwa, Deltota and Minipe in the Kandy district, and Rideegama in the Kurunegala district.

LEVEL II AMBER warnings are in force in the Divisional Secretaries Divisions and surrounding areas of Uva Paranagama, Passara, Welimada, Haputhale, Lunugala, Soranathota, Ella, Kandeketiya, Bandarawela, Meegahakivula, Badulla, Hali_Ela and Haldummulla in the Badulla district, Harispattuwa, Pathahewaheta, Thumpane, Udunuwara, Poojapitiya, Hatharaliyadda, Gangawata Korale, Yatinuwara, Kundasale, Akurana and Pasbage Korale in the Kandy district, Rambukkana, Yatiyanthota, Aranayaka, Kegalle, Bulathkohupitiya, Mawanella, Warakapola and Galigamuwa in the Kegalle district, Polgahawela, Mallawapitiya, Alawwa and Mawathagama in the Kurunegala district, Ukuwela, Naula, Wilgamuwa, Matale, Laggala Pallegama, Rattota, Ambanganga Korale, Yatawatta and Pallepola in the Matale district, Walapane, Hanguranketha, Nuwara Eliya, Kothmale East, Mathurata, Nildandahinna, Thalawakele, Norwood, Kothmale West and Ambagamuwa Korale in the Nuwara Eliya district, and Kahawaththa, Kolonna and Godakawela in the Ratnapura district.

LEVEL I YELLOW warnings are in force in the Divisional Secretaries Divisions and surrounding areas of Dehiowita, Deraniyagala and Ruwanwella in the Kegalle district, and Kalawana, Kuruwita, Elapatha, Ayagama, Kiriella, Balangoda, Openayake, Imbulpe, Ratnapura, Kaltota, Eheliyagoda, Pelmadulla and Nivithigala in the Ratnapura district.

News

The rights of the fishing community will never be compromised – President

Published

3 hours ago

2025/12/14

Priyan

President Anura Kumara Dissanayake affirmed that the Government will never allow the violation of the rights of the fishing community, emphasizing the State’s firm commitment to protecting both land resources and the coastline.

The President also stated that the Government will address the challenges faced by fishing communities across the country through discussion and constructive engagement, ensuring sustainable solutions while safeguarding livelihoods.

President Anura Kumara Dissanayake made these remarks while attending a Special District Coordination Committee Meeting held on Saturday (13) afternoon at the Mannar District Secretariat, convened to review on-going efforts to restore normalcy to public life and rehabilitate infrastructure in the Mannar District following the recent disaster.

Highlighting the urgent need for a permanent solution to flooding in the Mannar District, the President instructed officials to proceed with the proposed flood control project after conducting comprehensive studies to ensure its long-term effectiveness.

Special attention was drawn to the severe impact of the disaster on the fishing sector. It was revealed that approximately 12,000 fishermen are currently unable to engage in fishing activities due to flooding and adverse weather conditions.

The President directed that dry ration packs be provided for one week to fishing families who, although not directly affected by floods, have lost their livelihoods due to unfavourable weather conditions.

Additionally, discussions were held on engaging with the Chinese Embassy to distribute a stock of fishing gear donated by the Government of China to fishermen affected by the disaster.

Attention was also focused on illegal land encroachments within the water catchment area of the Yodha Wewa Sanctuary. The President instructed that strict legal action be taken against individuals obstructing the placement of boundary markers around the reservoir.

It was reported that 70 families in the Mannar District have lost their homes due to the disaster. Discussions were held on rebuilding these houses and identifying suitable land for resettlement. A committee will be appointed to identify the required land within the next two weeks.

The meeting also addressed the expansion of facilities at Mannar Base Hospital and other hospitals, along with restoring health services and normalizing educational activities in the district.

The President further instructed that the Rs. 15,000 assistance provided by the Treasury for schoolchildren be disbursed promptly through Divisional Secretaries, based on recommendations from Grama Niladhari officers.

Extensive discussions were also held on reconstruction of damaged roads and bridges, restoration of water and electricity supply, rehabilitation of irrigation systems, compensation for losses in agriculture and livestock sectors and supporting affected communities to restart their livelihoods without delay

The meeting was attended by Deputy Minister of Cooperative Development and Chairman of the Vanni District Coordination Committee Upali Samarasinghe, Northern Province Governor N. Vethanayahan, Members of Parliament S. Thilaganathan, M. Jegatheeswaran, T. Ravikaran, Sathiyalingam, Selvam Adaikkalanathan, Kader Mastan and Rishad Bathiudeen, along with other government and opposition parliamentarians.

Also present were the Secretary to the Ministry of Finance, Secretary to the Ministry of Defence, Northern Province Chief Secretary D. Murugesan, Mannar District Secretary K. Kanageswaran, senior government officials, and representatives of the security forces.

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Prioritize rebuilding the livelihoods of disaster-affected communities – President

Published

3 hours ago

2025/12/14

Priyan

President Anura Kumara Dissanayake has instructed officials to give top priority to restoring the livelihoods of communities affected by the disaster. He emphasized the need to expedite compensation payments for damages and to take immediate measures to revive the agriculture, fisheries and industrial sectors.

The President further directed that all compensation payments for crop damage be completed before December 25.

These instructions were issued during a special District Coordinating Committee meeting held on Saturday (13) morning at the Puttalam District Secretariat.

President Anura Kumara Dissanayake described the recent cyclone as one of the largest disasters the entire country has faced in recent times. He commended the dedicated efforts of the tri-forces, Police and public officials in restoring the lives of affected communities. The President noted that, thanks to their commitment, a significant portion of essential infrastructure including electricity, water supply and roads has already been rehabilitated.

He further emphasized that the Government’s ability to provide such substantial compensation to disaster-affected communities is the result of the strong fiscal discipline of the Government.

Taking into account the challenges that have arisen in the distribution of allowances and aid so far, the President instructed Divisional Secretaries to ensure that compensation is provided strictly to eligible recipients and to fully intervene to prevent any deviation from this policy under any circumstances.

During the meeting, the rehabilitation of damaged highways and bridges in the district was discussed in detail. The President inquired into issues arising during these reconstruction efforts and provided on-the-spot solutions in consultation with the relevant officials.

The construction of the Lower Kala Oya Bridge was also discussed. The President instructed that a temporary bridge be built to meet the needs of the tourism sector. He emphasized that all construction activities should be carried out with a thorough understanding of necessity and proper structural assessments.

The President further highlighted that previous large-scale projects were abandoned without delivering tangible benefits or the intended outcomes. He stressed that future infrastructure development should focus not only on regional needs but also on the broader economic benefits for the country as a whole.

The President inquired about the ongoing efforts to restore electricity supply in the district and emphasized the need to complete these works without delay.

He also reviewed measures being taken to re-establish water supply and instructed provincial authorities to intervene promptly, noting that current well cleaning efforts in the district are insufficient.

Regarding agriculture, the President inquired about preparations by local farmers for the upcoming Maha paddy cultivation. He directed officials to swiftly create a conducive environment for farming, minimize the amount of abandoned land and explore alternative methods to ensure productive use of farmland.

He instructed that all compensation due to farmers be disbursed before December 25, that payments be made regardless of whether the land is in reserves or legally protected areas, and that systematic measures be implemented to prevent cultivation on reserved lands.

The President also highlighted the need for comprehensive soil conservation programmes in areas such as Kalpitiya.

The President emphasized the need to provide fair compensation to those engaged in the livestock sector in order to restore their livelihoods. He also highlighted the importance of obtaining accurate ground-level data and stressed the necessity of introducing legislation to ensure the registration of all livestock farms.

Due to the disaster, 627 houses in the district were completely destroyed, and 20,813 houses sustained partial damage. The President instructed that compensation for the affected families be expedited, emphasizing priority resettlement on government land. Where government land is unavailable, he directed that Rs. 5 million be provided to each family for the purchase of alternative land.

For those whose houses were completely destroyed, the President directed that new housing projects be implemented in a manner that ensures ownership of a house valued at Rs. 5 million for each beneficiary.

Attention was also given to the fisheries sector. Discussions were held on providing assistance for the repair of damaged fishing boats, as well as implementing fair compensation and concessional bank loan schemes for prawn farmers.

President Dissanayake also inquired into the operations at Chilaw Hospital. Authorities informed him that patient admissions and the functioning of several units could resume by next week.

Minister of Public Administration, Provincial Councils, and Local Government and Chairman of the Puttalam District Coordination Committee Chandana Abeyratne, Deputy Minister of Environment Anton Jayakody, North Western Province Governor Tissa Warnasuriya, Government and Opposition Members of Parliament from Puttalam District, Local Government Representatives including the North Western Provincial Secretary, Secretary to the Ministry of Finance Dr. Harshana Suriyapperuma, Puttalam District Secretary, Divisional Secretaries, Government Officials, and Security Forces Representatives were present at the event.